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Louisiana Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: Children not listed in will are holding up my family's distribution

My grandfather left a plot of land to my mother (from first marriage) and her brother (second marriage). He had 2 other children, not from marriage, who are currently trying to fight for a share in the land. Are they legally able to do this since there is a proper will(followed state guidelines)?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 28, 2020

If they are omitted from the will, over age 23, not disabled, and there is no language like: "and any other issue". They will not get a piece. If there is language like: "and any other issue", then it does include subsequent children noy named.

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Louisiana on
Q: My grandfather passed away in 2015 and I'm just finding out their estate was left to me then finding out it was sold

Twice with out my knowledge

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 18, 2020

Hire a Successions attorney quickly.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: If I am buying a foreclosed house that is landlocked must there be an easement attached to the deed so I can access it?

The house that we are purchasing is a foreclosure. Originally, the owner owned 35 acres and that house is on that land. Several years ago, he sold 30 acres to his brother's business, so now the house just sits on 5 acres. The problem is that part of the driveway to the house is now on his... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 6, 2020

Hire a competent attorney to perform a title search. There may be an easement by implication by the common grantor. Or there may be an express easement in the chain of title. Having an easement declared by necessity is the last, most expensive possibility.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: For Louisiana: How do I find out about land my grandfather left after death?

My paternal grandfather passed in december 2018. His wife passed in 2016. My father passed in 1995. My dad does have 1 sister and 1 brother. How do I find out about the land that my grandfather had and if I am entitled to anything? I have not received anything in mail about what is going on with... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 18, 2020

Either go to the appropriate Parrish in LA and search the Land and Tax Records for any familial lands. Or better, hire a local attorney to look for whatever there is. He will need any possible name that owned land and probably years of death. It should be cheap as there may be nothing.

1 Answer | Asked in Civil Litigation and Real Estate Law for Louisiana on
Q: I own my trailer but its on my aunts land. shes never asked for rent or had lot lease agreement

also whats my legal rights being here for 10 yrs now can she forbid my visitors

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 9, 2020

Call a real estate attorney to find out what steps you need to take to protect yourself.

1 Answer | Asked in Real Estate Law and Civil Litigation for Louisiana on
Q: Look for a lawyer in Baton Rouge that can help with a case like this just got served paper bye US Marshall
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 28, 2020

Have no idea what kind of case this is

..other than federal. You need to supply more information.

1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for Louisiana on
Q: I’m trying to get a false restraining order lifted . Sisters-in-law try to get an eviction it didn’t work .

Sister in-law lies to get an restraining order. My son have been living in this home for years . The grandma died who was living there and now the sister wants to take over . The sister name is not on the property but the aunt is and she wants my son to continue living there . What do we have to do

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 25, 2020

Hire an attorney to get the Restraining Order vacated.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Civil Rights for Louisiana on
Q: Do I have to leave my grandmother's property that I've lived on for 20+years since they turned off the electricity

I have alot of stuff and currently working on my truck so no way to move it right now

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 8, 2020

You don't provide enough information to answer the question. Call an attorney.

1 Answer | Asked in Real Estate Law, Bankruptcy and Divorce for Louisiana on
Q: Property Settlement

Divorced for about 3 years, settlement not included with divorce, house acquired during marriage. I have been solely paying for the house and all related upkeep. How can I get the ex off the title? He already said he won't sign a quit claim. I don't have the money to sue him over this and... Read more »

Timothy Denison
Timothy Denison answered on Mar 18, 2020

Go back into the divorce case and ask the judge to remove him. The real question is why the settlement was not included in the divorce bc that is where all these type issues are handled.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Louisiana on
Q: I own a home on my grandparents land. They let me live here. Can they tell me when I can and can't leave or come home?

I bought the loan to a trailer they cosigned for my aunt and her husband. They bullied me into signing a document releasing them from responsibility as co-signer. They said if I didn't my mama and I had to leave and if we didn't they would have the law remove us. I was threatened to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 13, 2020

You own a trailer. You owe a lien for a trailer. They are still responsible for the lien if you don't pay it because I seriously doubt the lender would release to 2 cosigners. If you have a lease to the land, you can enforce it. If you don't, they can evict you. They have no other... Read more »

1 Answer | Asked in Legal Malpractice, Personal Injury, Real Estate Law and Civil Rights for Louisiana on
Q: I need help I am not able to drive or walk down la trace rd to my home how can this be legal

Nabors will not give me access to my property on la trace rd passed his house I need help

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 5, 2020

You should seek the help of an attorney who handles property matters to determine if you have a servitude (or right of passage) across your neighbor's property. If so, that attorney can help you enforce your rights. Good luck

2 Answers | Asked in Real Estate Law, Estate Planning, Landlord - Tenant and Probate for Louisiana on
Q: Can i finally get my home

As a child I bought a house from my sister with money that my dead father had left me in cds at a bank, it was taken by

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 20, 2020

You didn't finish your question.

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1 Answer | Asked in Civil Litigation, Contracts, Intellectual Property and Real Estate Law for Louisiana on
Q: Can a property manager be held responsible for providing a master key to a person that is not listed on a lease

Which resulted in two break in,which the property manager confessed to providing a master key to a guest not leasing with the complex on a police report,can the property manager be held responsible as well as an accessory for my home being broken into for a second time

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 12, 2020

Yes both civily and criminally

1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for Louisiana on
Q: If two people own a home jointly 50% A and 50% B, and person B dies.Does the title need to be updated before sale?

If a couple owns a home jointly (person A owns 50% and person B owns 50%) and person B passes away does the title of the house needed to be updated to the sole beneficiary of person B before Person A can sell the home?

Nina Whitehurst
Nina Whitehurst answered on Dec 17, 2019

In theory, no, because could just sell his or her 50% interest on his or her signature alone, but it is unlikely you will find a buyer who wants to co-own with the estate of B. Most likely you will need to have B's interest retitled in order to sell a 100% interest in the property to an... Read more »

1 Answer | Asked in Criminal Law, Products Liability, Real Estate Law and Constitutional Law for Louisiana on
Q: Is entering a garage attached to a dwelling considered trespassing?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 3, 2019

Yes because the garage is on someone else's property.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: I have a trailer on my mother's property the trailer and the property is paid off in full can She take my trailer away

My Mobile home is paid off in full and I have the title in my name it's setting on private property that's in my mother's name that is also paid off in full I did pay and have a mowdad down but I have not had the money for the lights or water just yet can she take my trailer from me... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 12, 2019

It's clear the trailer is titled to you. It's not clear who owns the land to answer your question.

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1 Answer | Asked in Personal Injury and Real Estate Law for Louisiana on
Q: What rights do I have to make a neighbor cut trees struck by lightning and large branches are falling on my land?

These are huge pine trees that are more than 50 feet tall which could also damage my home or injure my family especially considering hurricanes and other excessive storm conditions. Am afraid to cut grass in my yard as twice branches more than 5 inches in diameter have fallen onto my property. I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 5, 2019

File suit in juju justice of the peace court and take pictures and print them.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Land Use & Zoning for Louisiana on
Q: Is there a law in Louisiana that prohibits felons from owning property

My son has 5 felonies and we jointly own a house 50/50. He'll go to jail and stay anywhere from 7 months to 36 months and each time he comes back to my home(his house) he destroys it a little bit more. This time he tried to burn it down around his 86 yr old grandfather and myself. I'm... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 17, 2019

Felons can own property. You can buy him out.

1 Answer | Asked in Family Law, Personal Injury and Real Estate Law for Louisiana on
Q: Pool is 15 feet from door of home fenced 1 side carport other open completely one side , 7 year old plays around pool

My son live with his mom the pool is directly out door used. Basically the house and carport take 2 sides fence back aways but on one side a fence one side is completely open. My son is 7 he rides his bike around pool, plays around pool its a on going argument. I say its unsafe is it even legal?... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 23, 2019

Put him in swimming lessons immediately.

1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Municipal Law for Louisiana on
Q: Do I have any recourse or a case?

During heavy rains, the small storm drain in front of my house gets overwhelmed and water backs up indoors. The city cleaned ditches for me once; the next time I contacted them they ignored me. This is not a flood zone at all. This is a miserable situation. Is the city responsible? If not, who? I... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 21, 2019

One option you could try is to contact a member of your local government for your district, maybe a city council member or someone along those lines. If the situation you describe is something that other residents in the vicinity are also experiencing, it's possible that an elected official... Read more »

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